King: Statement riddled with inconsistencies’

Published: Friday, August 1, 2008 at 6:01 a.m.

Last Modified: Thursday, July 31, 2008 at 9:06 p.m.

MONTGOMERY — The case of Tommy Douglas Arthur, who has escaped execution a third time, heads to a Jefferson County circuit judge for sorting out.

A judge will have to rule on an alleged confession by inmate Bobby Gilbert that Judy Wicker hired and paid him, not Arthur, to kill husband Troy Wicker Jr. in their Muscle Shoals home on Feb. 1, 1982.

Arthur was sentenced to die Thursday for the murder he says he didn’t commit. He escaped two previous dates with death.

On Wednesday the Alabama Supreme Court 5-4 stayed the execution. The Supreme Court didn’t give a reason but it had Gilbert’s statement saying he killed Wicker.

Supreme Court Clerk Robert Esdale said that with the stay, there’s no other pending Arthur motion requiring action by the Supreme Court.

“We’ll just let nature take its course on the Rule 32 petition,” he said. A Rule 32 petition is for post-conviction issues.

Attorney General Troy King said Thursday the yet-unscheduled Jefferson County hearing ought to be about the statement.

“What is currently at issue is a confession from an incredible person whose statement is riddled with inconsistencies,” King said.

Gilbert said he was 17 when he killed Wicker, but King believes he was 15 because there is a dispute about his year of birth, 1964 or 1966.

“I killed Judy Wicker’s husband, and I would be willing to agree to a DNA test,” Gilbert’s statement said.

Arthur’s defense attorney, Suhana Han, seeks evidence from the crime scene that Arthur said will prove his innocence through DNA testing.

Han wants the rape kit performed on Judy Wicker so it can be tested for DNA. Judy Wicker claimed initially that a black male raped her and killed Wicker, but she later testified Arthur killed him.

Gilbert said he had sex with Wicker in the hallway of her home between 9 a.m. and noon the day of the murder, a laughable claim, King said.

“Somebody would have noticed that,” King said sarcastically because police were called to the Wicker home at 9:12 a.m. the day of the murder.

Clay Crenshaw, head of the attorney general’s capital litigation section, said he asked the Muscle Shoals Police Department, the Colbert County district attorney’s office and the Alabama Department of Forensic Sciences for the rape kit but was told they didn’t have it.

Han reacted to Crenshaw’s statement.

“Our view is his representation is inadequate,” she said. “Why is the state only inquiring about it the last six months when we have been litigating (for it) since 2002? The state needs to explain what happened to Judy Wicker’s rape kit.”

Colbert County District Attorney Bryce Graham, who inherited the Arthur prosecution, said he won’t look for a rape kit until ordered by the proper legal authority.

Assistant attorney general Jasper Roberts Jr. said he’s unsure what the evidence preservation procedure was between 1982 and 1987.

Crenshaw and Roberts tried to interview Gilbert about Wicker, but he only wanted to talk about sex with Judy Wicker, Roberts said.

Crenshaw said Gilbert cannot be believed.

“He’s a lying, murdering despicable human being and I hope the court didn’t grant a stay because of the guy’s affidavit,” Crenshaw said.

Gilbert, who is from DeKalb County, is in prison after killing two people and trying to kill a third. If convicted of Arthur’s death, he wouldn’t face the death penalty.

Han said she doesn’t know whether Gilbert is telling the truth, but as Arthur’s lawyer, she is obligated to get Gilbert’s statement before a judge.

<p>MONTGOMERY  The case of Tommy Douglas Arthur, who has escaped execution a third time, heads to a Jefferson County circuit judge for sorting out.</p><p>A judge will have to rule on an alleged confession by inmate Bobby Gilbert that Judy Wicker hired and paid him, not Arthur, to kill husband Troy Wicker Jr. in their Muscle Shoals home on Feb. 1, 1982.</p><p>Arthur was sentenced to die Thursday for the murder he says he didn’t commit. He escaped two previous dates with death.</p><p>On Wednesday the Alabama Supreme Court 5-4 stayed the execution. The Supreme Court didn’t give a reason but it had Gilbert’s statement saying he killed Wicker.</p><p>Supreme Court Clerk Robert Esdale said that with the stay, there’s no other pending Arthur motion requiring action by the Supreme Court.</p><p>We’ll just let nature take its course on the Rule 32 petition, he said. A Rule 32 petition is for post-conviction issues.</p><p>Attorney General Troy King said Thursday the yet-unscheduled Jefferson County hearing ought to be about the statement. </p><p>What is currently at issue is a confession from an incredible person whose statement is riddled with inconsistencies, King said.</p><p>Gilbert said he was 17 when he killed Wicker, but King believes he was 15 because there is a dispute about his year of birth, 1964 or 1966.</p><p>I killed Judy Wicker’s husband, and I would be willing to agree to a DNA test, Gilbert’s statement said.</p><p>Arthur’s defense attorney, Suhana Han, seeks evidence from the crime scene that Arthur said will prove his innocence through DNA testing.</p><p>Han wants the rape kit performed on Judy Wicker so it can be tested for DNA. Judy Wicker claimed initially that a black male raped her and killed Wicker, but she later testified Arthur killed him.</p><p>Gilbert said he had sex with Wicker in the hallway of her home between 9 a.m. and noon the day of the murder, a laughable claim, King said.</p><p>Somebody would have noticed that, King said sarcastically because police were called to the Wicker home at 9:12 a.m. the day of the murder.</p><p>Clay Crenshaw, head of the attorney general’s capital litigation section, said he asked the Muscle Shoals Police Department, the Colbert County district attorney’s office and the Alabama Department of Forensic Sciences for the rape kit but was told they didn’t have it.</p><p>Han reacted to Crenshaw’s statement.</p><p>Our view is his representation is inadequate, she said. Why is the state only inquiring about it the last six months when we have been litigating (for it) since 2002? The state needs to explain what happened to Judy Wicker’s rape kit.</p><p>Colbert County District Attorney Bryce Graham, who inherited the Arthur prosecution, said he won’t look for a rape kit until ordered by the proper legal authority.</p><p>Assistant attorney general Jasper Roberts Jr. said he’s unsure what the evidence preservation procedure was between 1982 and 1987. </p><p>Crenshaw and Roberts tried to interview Gilbert about Wicker, but he only wanted to talk about sex with Judy Wicker, Roberts said.</p><p>Crenshaw said Gilbert cannot be believed. </p><p>He’s a lying, murdering despicable human being and I hope the court didn’t grant a stay because of the guy’s affidavit, Crenshaw said.</p><p>Gilbert, who is from DeKalb County, is in prison after killing two people and trying to kill a third. If convicted of Arthur’s death, he wouldn’t face the death penalty.</p><p>Han said she doesn’t know whether Gilbert is telling the truth, but as Arthur’s lawyer, she is obligated to get Gilbert’s statement before a judge.</p><p>Jefferson County Circuit Judge Teresa Pulliam inherited the case when the Arthur trial judge retired, Presiding Jefferson County Judge Scott Vowell said.</p><p>Pulliam was appointed to the bench by Gov. Bob Riley in 2005. A hearing date hasn’t been set.</p>